RAJU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and order dtd. 26/5/2000 passed by Vth Additional Sessions Judge, Muzaffarnagar, convicting the appellant in Session Trial No.703 of 1998 (State Vs. Raju), under Ss. 302, 376 and 201 I.P.C. and sentencing him to imprisonment for life, imprisonment of life and 3 years R.I., respectively. All the sentences having been directed to run concurrently.

(2.) The prosecution story in brief is that in the morning of 5/3/1998 the niece of the complainant, aged about seven years had gone to school but did not return home till late evening. On 6/3/1998 at about 03:00 p.m. residents of the village, namely, Janeshwar, Ram Avtar and Dhir Singh told the complainant that they had seen his niece yesterday afternoon going towards the forest along with accused/Raju. Thereafter, the informant along with co-villagers, namely, Krishna Pal son of Kalu, Krishn Pal son of Pratap Singh, Sirpal son of Ram Pal, Brijpal son of Javar Singh, Gopal son of Baljeet and Kiran Pal son of Surja enquired accused about her niece then he told that he had murdered her yesterday afternoon in the field of Kiran Singh. The accused had taken them to the field of Kiran Singh where she found her niece dead. She was in naked condition and her clothes were besides her dead body.

(3.) The investigation of the case was entrusted to the Sub-Inspector, Om Prakash Singh, who inspected the place of occurrence and prepared the site plan and recorded the statement of witnesses. After completion of investigation, the Investigating Officer has submitted charge-sheet against the accused/appellant under Ss. 376, 302 and 201 I.P.C. on 16/3/1998 and the cognizance was taken by the Magistrate and considering that the case was triable by the Session Judge and it was committed to the court of session and the Session Court charged the accused under Ss. 376, 302 and 201 I.P.C. on 23/10/1998.